what happens when an attorney brief cites no legal authority

The court further indicated that effect of noncompliance with this rule is well-established: where no legal authority is cited or argued, the effect is the same as if no argument had been made. To the extent the trial court held that Schedule A was sufficient, then, the court affirmed that holding.

Full Answer

Can a lawyer fail to cite adverse legal authority?

Jun 01, 2019 · The answer may seem counterintuitive to some, but the ABA Model Rules of Professional Conduct provides a clear requirement: Attorneys must cite directly adverse legal authority controlling in the...

Can a lawyer cite a case in a law paper?

both California state and federal appellate courts, legal arguments in appellate briefs must be supported by relevant legal authority. California Rule of Court, Rule 8.204(a)(1)(B) requires that an appellate brief must “support each point by argument and, if possible by citation to legal authority.” Similarly, Federal Rule of Appellate Procedure, Rule 28(a)(9)(A) requires “citations …

What court cases should be cited in a brief?

But they are frequently cited, and important enough that attorneys are required to provide copies to other counsel at least 48 hours before relying upon them in court and if citing an unpublished opinion in a brief or memorandum or law, to provide a copy contemporaneous with filing. Minn. Stat. § 480A.08, subd. 3.

How do you use authority in a legal citation?

The memorandum must include a legal argument and should contain legal citations that support the legal arguments being put forward in the memorandum. However, it should be noted that attorneys have an ethical duty to disclose any and all binding legal authority that is contrary to their position in their documents. Of course, it will often be the task of the drafter of the …

Why is it important to select the proper authority with respect to any case you are handling as a legal practitioner?

Using authority effectively is one of the tools that successful lawyers use to communicate clearly, thoroughly, and persuasively. Through practice, you will gain confidence and competence in using authority appropriately.

How would you as the paralegal handle adverse controlling authority found in researching a case?

paralegal who finds adverse authority while conducting legal research must report the authority to the attorney and must include it in appropriate documents filed with the court.

What should a paralegal do if he or she discovers adverse controlling authority in the course of research?

What should a paralegal do if he/she discovers adverse controlling in the course of research? They must report it to the supervising lawyer so it can be properly addressed in documents filed with a court.

What is adverse controlling authority?

Adverse authority or adverse controlling authority, in United States law, is some controlling authority based on a legal decision and opposed to the position of an attorney in a case before the court.

Do paralegals appear in court?

Paralegals work for lawyers or attorneys directly. They prepare the paperwork that is needed in court, gather legal documents and assist with other legal duties. They also deal with clients and communicate with them during trials or court cases. A paralegal can also do research for their attorney and appear in court.Nov 20, 2017

Which title is most likely to be not acceptable for a paralegal?

Which title is most likley to be NOT acceptable for a paralegal? Associate.

What does candor toward the tribunal mean?

New Rule 3.3 (Candor Toward The Tribunal) is one such rule. It prohibits knowingly making a false statement of fact or law to a tribunal—no surprise there. Rule 5-200 requires using means “only as are consistent with truth” and prohibits misleading a judge, judicial officer or jury “by artifice or false statement.”Jul 30, 2018

How can a paralegal make a difference in improving the professionalism and public image of the legal field?

What can a paralegal do to improve professionalism and the public image of the legal field? A paralegal can get involved in the community through volunteering and offering other public services.

Which of the following can be the basis for a malpractice suit?

The basis for most medical malpractice claims involves four elements: duty, breach, injury, and damages.

What is a persuasive authority?

Persuasive authority refers to cases, statutes, regulations, or secondary sources that the court may follow but does not have to follow. Thus, the holding from a court in another jurisdiction or a lower court in the same jurisdiction is persuasive authority.

What is the effective use of legal authority in appellate briefs?

The effective use of legal authority in appellate briefs is both an art and a science. In both California state and federal appellate courts, legal arguments in appellate briefs must be supported by relevant legal authority. California Rule of Court, Rule 8.204(a)(1)(B) requires that an appellate brief must “support each point by argument and, if possible by citation to legal authority.” Similarly, Federal Rule of Appellate Procedure, Rule 28(a)(9)(A) requires “citations to authorities.”

What should be cited in an appellate case?

If the case is pending in a California intermediate appellate court and there is California Supreme Court law on point, the Supreme Court case should be cited first. If there are only “Cal. App.” cases then you should pay attention to which intermediate appellate court and which division of that court issued the opinion because a decision by one court of appeal is not binding on other courts of appeal.

Much of the confusion about unpublished court of appeals opinions comes from the tension between their non-precedential nature and the role they nevertheless play in certain circumstances as persuasive authority

You have found a great Minnesota Court of Appeals case supporting your client’s position. Unfortunately, it is unpublished. Or worse, there is a terrible case against your client’s position that the other side and the judge are enamored with, despite its unpublished status.

May 16, 2016

You have found a great Minnesota Court of Appeals case supporting your client’s position. Unfortunately, it is unpublished. Or worse, there is a terrible case against your client’s position that the other side and the judge are enamored with, despite its unpublished status.

How to cite more than one state court decision?

Citation of more than one state court decision is similar – always begin with the highest state court, then the appellate level, and, finally, the trial court level. The decisions from each level should be listed in reverse chronological order.

How to write a case brief?

When writing a case brief, begin with the name and citation of the case. The first section of the case brief usually contains a description of the facts of the case. The second section will contain a brief description of the procedural history of the case, that is, a short description of what happened at the trial level and at the appellate level, ...

Why is legal writing so complicated?

One of the reasons legal writing was so complicated was because attorneys wanted to cover their bases and make sure that their documents were as complete as possible. As legal writing has evolved, there has been a movement to move away from convoluted legal ...

What is a legal memorandum called?

Legal memoranda are sometimes called “briefs”. The word “brief”, however, has another meaning – it refers to a short synopsis of a case. Instead of reading a 25 page case, for example, many attorneys will ask their clerks (or their associates) to summarize a case – or to “brief” the case.

When to use a memorandum?

To recap, legal memoranda are used in connection with motions, both pre-trial and post-trial. Occasionally, during trial, the court may ask for a memorandum on a particular legal issue. The courtroom, however, is not the only arena in which legal memoranda can be involved.

What is the longest part of a memo?

The longest, and most important, part of the memo is the discussion section . This is the section in which the party’s argument is maintained, legal authority is cited, and conclusions of law are drawn. Finally, the last section in the memo is the conclusion, which summarizes the arguments contained within the memo.

Using Authority

Using authority effectively is one of the tools that successful lawyers use to communicate clearly, thoroughly, and persuasively. Through practice, you will gain confidence and competence in using authority appropriately.

Proper Attribution to Authority

Once you have selected the sources to use in your document and you have decided how to use those sources, then you must be sure to properly attribute those sources. Proper attribution is necessary to avoid committing plagiarism, which generally is “the use of someone else’s words or ideas .

How to Recognize and Avoid Plagiarism

Recognizing plagiarism is sometimes straightforward and is sometimes not so obvious. For example, plagiarism occurs when material is directly quoted from a source without proper attribution and quotation marks. See Legal Writing Institute, Law School Plagiarism v. Proper Attribution 4 (2003). This type of plagiarism is easy to identify.

What is the table of authorities?

It is a list of the legal authorities (cases, statutes, and rules) referred to or “cited” in the brief to support the party’s arguments, along with all of the page numbers where those authorities were cited in the brief.

How long is an initial brief?

The initial brief is the first brief. It is filed by the appellant who filed the appeal. The appellant’s initial brief is due within 70 days after filing the notice of appeal. An appellant who needs extra time to file the initial brief should file a motion for an extension of time in the appellate court before the deadline for the brief. Motion practice is discussed in Chapter 4 of this Handbook. The initial brief should set out the facts and history of the case in the statement of case and facts section. It should also present legal arguments explaining each reason the appellant believes the decision of the lower tribunal was wrong (i.e., erroneous) and why it should be reversed. The initial brief cannot be longer than 50 pages, not counting the pages used for the Table of Contents, Table of Citations, Certificate of Service, Certificate of Font Compliance and the signature block for the brief’s author. A party can ask the court for permission to file brief longer than 50 pages, but such motions are rarely granted. And briefs are usually much shorter, often 20 to 30 pages or less.

What is the standard format for briefs in Florida?

Briefs must generally be printed or typed on opaque, white, unglossed paper. The paper size should be 8.5 by 11 inches. The paper should have margins of at least one inch on all sides. The lettering should be black. If a brief is typed on a computer, it must be double-spaced and use Times New Roman 14-point font, or Courier New 12-point font. Any headings or footnotes must be the same font and size as the rest of the brief. Although typed briefs must be double spaced, headings, indented quotations, and footnotes can be single spaced.

How long is a reply brief in Florida?

The appellant’s reply brief, if any, is due 20 days after the answer brief and responds to the answer brief arguments. The reply brief can be no more than 15 pages long, not counting the pages necessary for the Table of Contents, Table of Citations, Certificate of Service, Certificate of Font Compliance, and the signature block for the brief’s author.

What is the argument section of an appeal?

The argument section explains the party’s legal arguments in the appeal and why the decision of the lower tribunal should either be affirmed or reversed. It discusses the relevant statutes and case law, how the law applies to the facts in the case, and the party’s arguments based on the law as applied to the facts. It explains the legal reasons why the order or judgment of the lower tribunal was either correct or incorrect, and what specific result, or “ relief ,” the party wants in the appeal (i.e., what the party wants the appellate court to do). For example, an appellant may ask the appellate court to reverse the final judgment and return, or “ remand ,” the case to the lower tribunal for a new trial, whereas an appellee may ask the appellate court in the answer brief to affirm the final judgment. The argument should be supported by references to legal cases, statutes, and rules that support that appellate party’s argument that the lower tribunal decision was either correct or incorrect.

What is a certificate of service in court?

The brief should contain a certificate of service, in which the party filing the brief with the court affirms that he or she has sent, or “served,” a copy of the brief to the opposing party (or their attorney if they have one) on a specific date and states the method of service, such as by mail, delivery, or service by e-mail (if the procedures for e-service are followed). The certificate of service must be signed by the appellate party and should include a signature block containing the appellate party’s name, address and telephone number. For example, a certificate of service might look like this: